O'Connell oversees prosecutors in district courts where DUI cases are handled.

He claims defense attorneys are intentionally waiting until the last minute to ask judges to suppress key evidence.

The result? People who might otherwise be convicted, are being let go.

"It's clear once many of these motions have been made that this is evidence that they've been well aware of prior to trial and they should. They simply wait until it's ambush; it's trial by ambush," O'Connell said.

O'Connell wants Kentucky's Supreme Court to change the rules.

He believes if defense attorneys know about a problem with evidence before trial, they should be required to ask the judge to suppress it before the trial begins.

But defense attorney Alex Dathorne disagrees, saying it protects their clients right to a fair trial.

"If you have an individual who has had their rights unconstitutionally offended then it should be something regardless of when in the proceedings this occurred should be allowed to be addressed," Dathorne said.

Some judges already require defense attorneys to make motions to suppress evidence 30 days before trial.

But Jefferson County Judge Stephanie Pearce Burke does not. She said it violates Kentucky's court rules.

O'Connell filed his petition to change this in response to her policy.

Burke said she could not comment on the case until the petition was resolved.

A spokesperson for O'Connell expects a judge to rule on his petition in about 30 days.

THE JEFFERSON COUNTY ATTORNEY SAYS DRUNK DRIVERS ARE GETTING THEIR CASES DISMISSED TOO EASILY... NOW HE'S FIGHTING TO CHANGE WHAT HE CALLS "UNFAIR TACTICS." WLKY'S MARK VANDERHOFF EXPLAINS. JEFFERSON COUNTY ATTORNEY, MIKE O'CONNELL OVERSEES PROSECUTORS IN DISTRICT COURT... WHERE D-U-I CASES ARE HANDLED. HE CLAIMS DEFENSE ATTORNEYS ARE INTENTIONALLY WAITING UNTIL THE LAST MINUTE TO ASK JUDGES TO SUPPRESS KEY EVIDENCE. THE RESULT.. PEOPLE WHO MIGHT OTHERWISE BE CONVICTED.. ARE BEING LET GO. O'CONNELL WANTS KENTUCKY'S SUPREME COURT TO CHANGE THE RULES.. HE BELIEVES IF DEFENSE ATTORNEYS KNOW ABOUT A PROBLEM WITH EVIDENCE BEFORE TRIAL.. THEY SHOULD BE REQUIRED TO ASK THE JUDGE TO SUPPRESS IT BEFORE THE TRIAL BEGINS. BUT DEFENSE ATTORNEY ALEX DATHORNE DISAGREES.. SAYING IT PROTECTS THEIR CLIENTS RIGHT TO A FAIR TRIAL. SOME JUDGES ALREADY REQUIRE DEFENSE ATTORNEYS TO MAKE MOTIONS TO SUPPRESS EVIDENCE 30 DAYS BEFORE TRIAL. BUT JEFFERSON COUNTY JUDGE STEPHANIE PEARCE BURKE DOES NOT - SHE SAYS IT VIOLATES KENTUCKY'S COURT RULES.. O'CONNELL FILED HIS PETITION TO CHANGE THIS... IN RESPONSE TO HER POLICY. JUDGE BURKE SAID SHE COULD NOT COMMENT ON THE CASE UNTIL THE PETITION WAS RESOLVED. MARK VANDERHOFF, WLKY NEWS A SPOKESMAN FOR MIKE O'CONNELL EXPECTS A JUDGE TO RULE ON HIS PETITION IN ABOUT 30